BLACKWELL v. STEPHENS, 3:11-CV-910-L. (2015)
Court: District Court, N.D. Texas
Number: infdco20150720b16
Visitors: 4
Filed: Jul. 17, 2015
Latest Update: Jul. 17, 2015
Summary: ORDER SAM A. LINDSAY , District Judge . On January 16, 2015, Magistrate Judge Paul D. Stickney entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") recommending that Petitioner's Motion Seeking to Reopen Case Pursuant to Federal Rule 60(b)(6) from Denial of His 28 U.S.C. 2254 Petition ("Motion to Reopen") (Doc. 28), filed December 16, 2014, be construed as a successive petition under 28 U.S.C. 2254 and transferred to the United States Court
Summary: ORDER SAM A. LINDSAY , District Judge . On January 16, 2015, Magistrate Judge Paul D. Stickney entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") recommending that Petitioner's Motion Seeking to Reopen Case Pursuant to Federal Rule 60(b)(6) from Denial of His 28 U.S.C. 2254 Petition ("Motion to Reopen") (Doc. 28), filed December 16, 2014, be construed as a successive petition under 28 U.S.C. 2254 and transferred to the United States Court o..
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ORDER
SAM A. LINDSAY, District Judge.
On January 16, 2015, Magistrate Judge Paul D. Stickney entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") recommending that Petitioner's Motion Seeking to Reopen Case Pursuant to Federal Rule 60(b)(6) from Denial of His 28 U.S.C. § 2254 Petition ("Motion to Reopen") (Doc. 28), filed December 16, 2014, be construed as a successive petition under 28 U.S.C. § 2254 and transferred to the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit") for consideration. No objections to the Report were received by July 10, 2015, the extended deadline for filing objections.
After considering the motion, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, accepts them as those of the court, and construes Petitioner's Motion to Reopen (Doc. 28) as a successive habeas petition under 28 U.S.C. § 2254. When a petition is deemed successive, the district court lacks subject matter jurisdiction unless a panel of the Fifth Circuit allows the successive petition to proceed. Accordingly, the court directs the clerk of the court to: (1) term Petitioner's Motion to Reopen (Doc. 28); (2) open a new habeas case for administrative purposes only; (3) file Petitioner's Motion to Reopen (Doc. 28) in the new case as a section 2254 petition with a filing date of July 17, 2015; (4) assign the new case to this court and Magistrate Judge Stickney; (5) file a copy of the Report (Doc. 29) and this order accepting the findings and conclusions of the magistrate judge in the new case; and (6) and, without further judicial action, immediately transfer Petitioner's section 2254 habeas petition (Doc. 28) to the Fifth Circuit for determination.
It is so ordered.
Source: Leagle